Witnesses find a new way to avoid testifying

Published 5:00 pm, Tuesday, November 15, 2011

Former Albany County District Attorney Sol Greenberg. (Times Union / Will Waldron)

Former Albany County District Attorney Sol Greenberg. (Times Union / Will Waldron)

Photo: WILL WALDRON

Witnesses find a new way to avoid testifying

1 / 1

Back to Gallery

Prosecutors in Albany often speak of their difficulty to get witnesses to testify in murder trials.

For various reasons -- such as their own personal safety -- many witnesses fear being labeled a "snitch." And if they even reach the witness stand, they often experience sudden memory loss.

But a new scheme might be unfolding in the latest murder trial in Albany County Court, at least according to the judge overseeing the case: Expected witnesses who purposely watch testimony to try to get themselves disqualified.

Witnesses are barred from watching any part of a trial before they take the stand. So if they watch the proceedings, it goes, their testimony could be compromised.

Three prosecution witnesses expected to testify in the murder trial of Ricky "L" Thornton, Jason "Jay" Benn and Louis "UB" Chaney all watched testimony before they could take the stand. They included one woman linked to Thornton, another to Chaney and Chaney's daughter.

More Information

Defense attorneys, in turn, asked that some or all be eliminated as witnesses. Michael Mansion, the attorney for Chaney, said one witnesses' words would be "tainted."

Albany County prosecutors noted they have their backs to the audience, but did ask one of the witnesses to leave.

Acting Supreme Court Justice Dan Lamont allowed the witnesses to testify, telling the defense attorneys they could raise any questions during cross-examination. Lamont, a judge since 1979, said the problem has never surfaced in "years and years and years -- and now it's come up three times in the same case."

Lamont also suggested those witnesses might be trying to help the defense by trying to get disqualified. Privately, some officials in law enforcement agreed. As is, two witnesses in the trial faced arrest for refusing to comply with subpoenas.

But the defense attorneys said they do not believe any witness purposely entered the courtroom to avoid taking the stand.

Mansion suggested that the judge -- and attorneys for that matter -- all work in the legal system and are too close to it to see the issue objectively. He said the witnesses are unfamiliar with rules that bar witnesses from watching trials.

"This is the first time that they've been through this process, and they're not sure what to do," Mansion said.

Holly Trexler, the attorney for Thornton, said, "All of these witnesses are on the (prosecution's) witness list, have been subpoenaed by the (prosecution) ... I've never laid eyes on them before."

Greenberg hits 90!

Former Albany County District Attorney Sol Greenberg, who retired in 2000 after more than 25 years as one of the longest tenured DAs in the state, celebrated his 90th birthday this month.

Greenberg, who was born and raised in Albany and can still be seen at events around town, turned 90 on Nov. 6.

On Saturday, his family and friends had a get-together at Greenberg's home to honor him. Many of his former assistants were there along with other courthouse personnel.

Earlier this month at the Dick Conners Luncheon at the Hibernian Hall in Albany, Greenberg was presented with a cake.

He was also recognized with a cake on Oct. 18 at a benefit for Families in Need of Assistance at the Fort Orange Club. Again, many of the DA's former assistants attended.